Dress Code

David Sharp - Workplace Law Network
Online advisor - 119 posts

Margaret - If you want to perform a quick search on dress codes on the Workplace Law Network, there's quite a lot of information available from the search box. Use the refine search to limit the 'exact phrase' to "dress code" to help you.

As well as the dress code itself, it is the way that you introduce it that is very important, especially as you already have something in place and are looking to introduce changes.

Premium members of the Workplace Law Network have access to a wealth of information on all aspects of HR and health and safety (rates from £299 for the whole year).

We have published a factsheet on dress codes: http://www.workplacelaw.net/news/display/id/10539

Here is some of the introductory information from the factsheet:

Key points

Employers seek to apply dress codes to their employees for many reasons. In doing so, however, it is important that employers consider any potentially discriminatory implications as dress codes have historically been challenged under both the SDA and RRA.

Furthermore, since the European Convention on Human Rights has been incorporated into UK law by way of the HRA, it may also be possible to challenge the application of a dress code on the basis that it infringes the employee’s human rights.

To avoid potential liability, employers should ensure that the policy applies evenly to both men and women and that any requirements imposed are reasonable when balancing the rights of the employee and the requirements of the employer’s business.

Factors which may be relevant include:

• whether the employee has contact with the public;
• whether the dress code is necessary for performance;
• health and safety; and
• illegality.

Legislation

• Sex Discrimination Act 1975 (SDA).
• Race Relations Act 1976 (RRA).
• Human Rights Act 1998 (HRA).
• The Employment Equaltiy (Religion or Belief) Regulations 2003.

James Fairchild
Member - 210 posts

David,

Taking your summary to extremes, does that mean if two interview candidates arrive, one suited and booted and the other in a football shirt, I should consider whether I would infringe the human rights of the football one by not offering him a job?

I always think an unspoken, unwritten dress code (and other professional standards) works best, but I realise that objective guidance is sometimes needed.

I must confess that I have always believed that wearing a white shirt on any occasion except when it is accompanied by a school tie or a black tie to be a cardinal sin.

David Sharp - Workplace Law Network
Online advisor - 119 posts

James - Did you know you could upload your image to the Network just by clicking on the icon at the top left of the page? That way I could perhaps make some assessment as to your sartorial standards regarding the wearing of white shirts (which would have caught me out at work on Tuesday).

From your other postings, I can see your opinions are well-founded when it comes to employment relations. Which means you are astute enough to know that the HRA is a thorn in *everyone's* side, not just employers, employees or lawyers. I remember at one of our events an employment lawyer saying: "If all else fails, invoke the Human Rights Act!"

HRA gets dragged into dress code issues fairly frequently e.g. in relation to freedom of religious expression. I had a quick search through the Network and was surprised to see how many times this came up - though they do all seem fairly familiar.

Dress codes can get annoyingly detailed, and of course the people at whom they are really 'targeted' (the ones who can't agree with their employer what might be considered 'reasonable') are the ones who are likely to resist most strongly. It's a shame they are needed, but (with your tongue firmly not in your cheek) I'm sure you'd agree that unwritten codes leave themselves open to the challenge of being arbitrary.

At least there is some bulk of law and practice in the UK behind dress codes. Love contracts - policies about relationships between people at work - would be another issue that you might consider falls in this area, where my thoughts (and those of the courts) are much more ambivalent.

I'll be off to put that red sock in the white wash ...

James Fairchild
Member - 210 posts

Love contracts are indeed another story..... as to the white shirt thing, it was said to me at the first ever job interview I attended. Apparently a white shirt suggested that I was just adopting my school uniform, whereas had I been wearing a blue or check shirt it would show that I had prepared for interview properly.... moving swiftly on...

Marion Jeffels
Member - 11 posts

Dress codes can be positive in being prescriptive. Classical organisations would be those that favour this approach. As customers it can also be reassuring to know who to ask?

Having sons with size 16 adult feet size, it has saved them money when employers provide clothes and shoes. It also takes away debate about "what shall I wear today?"

As a child when I got lost i was told "look for a person in uniform and they will help" - perhaps standard uniform could come with a "responsibility" warning because of this perception.

Anne McAllister
Member - 115 posts

I personally believe a dress code is acceptable in most workplaces but it shouldnt be too restrictive. It should reflect a professional appearance but still give way to some form of individuality.
If dressing down (or whatever ) enhances performance ie in the office and away from public scrutiny, I dont see what the problem would be.
As commented above ,certain factors must be taken into account but I think your employer is just exerting control of the workforce.

Jennifer Chapman
Member - 15 posts

The best Dress Code I have ever experienced as an employee was one very large multinational I worked for who said staff should wear 'whatever is considered normal'. This was a professional city centre office and guess what - the norm was generally suited and booted or of that ilk LOL

I alway wondered what they'd do if anyone turned up in a ballet tutu and no knickers? ie 'considered normal' by exactly whom?

Anonymous
Member - 28 posts

It depends on how restrictive the dress code is.

Here's a good one for you. I work as a stock replenisher for a high street shop which will remin nameless. Most of my time is spent in the stockroom going round with a hand held terminal which I've downloaded the list of what's been sold. I then have to take what I've picked downstairs and leave them in certain places for the floor staff to put out. Back in January uniform allowance was released. This means that staff choose items from the floor which they wear for their uniform and it has to be approved by a manager. I chose a blouse to wear which was approved by a manager. A couple of weeks later, the manager called me into the office and one of the things she said was that the grey in my hair makes it look greasy and i should dye it, there's not much grey in it, more like a few strands. She also said that i needed to get another top as the blouse didn't suit me with me having a 'bit of a stomach on me'. My confidence hit the floor. I have my appraisal on Wednesday and it's not the store manageress doing it but the manageress who works on Wednesday evenings who I also get on quite well with. It has to be said that I am overweight but I'm losing it gradually. I won't dye my hair though. I did dye it last year but have found out that continually dyeing it can actually cause damage. I will be raising the comments about my weight and hair at my appraisal as well as a few other issues. The comments have really upset me, my confidence is really easily knocked. At the moment, I'm feeling that I'm fat and not attractive. I even googled losing weight quickly and got some useful tips to use if anything is said during my appraisal. After the comments were made I emailed my pastor and he has been fantastic, he's away at the moment (not on holiday though) but has said for me to email him to let him know how my appraisal goes as there are other issues as well.

Anonymous
Member - 28 posts

It was the store manageress who made the commments about my hair and weight.

Tom Brockbanks
Member - 1 post

This is absolutly terrible behavior by a manager, she has no right to expect you to dye your hair, you are older and thats a fact of life. I'm a man and my hair is almost tatally grey but I will not dye it.
To comment upon your weight is very personal and way out of order, unless the context was her concern about your health and your abilty to do your job. it apears not.
I think you have grounds for a complaint for bullying at work.

Diarmuid Fahy
Member - 16 posts

I seem to remember a bit of a kerfuffle a couple of months ago when a high street clothing retailer issued a set of guidelines advising their employees how they should dress to, shall we say, "enhance" their figures.

"Magic pants" were mentioned.

The leaflets were withdrawn shortly afterwards...

James Fairchild
Member - 210 posts

Lets not forget Abercrombie & Fetch, who employ only goodlooking women in their teens/early 20s, and topless security guards. Few articles here:
http://www.google.co.uk/search?hl=en&q=abercrombie+fitch+london+beautiful&meta=

Colin England
Member - 55 posts

Hi James

Thanks for that link - it really opened my eyes to what the outside World is really like. I wonder if A&F have any one to give them legal or HR advice? Perhaps I should make them an offer?

It seems to me that it best if the employer does have a dress code and supplies the clothes that are approved work wear.

I say the above on the basis of my experiences. I was interviewed once for a very senior HR job with a London Council. The interview panel were all Councillors who had obviously come straight from work and were dressed in their every day work clothes - and nothing wrong with that. I was dressed in a very smart new suit and tie and with polished black shoes. The whole interview was interposed with comments about my dress code and how it would fit into the locality and the office. The panel asked nothing meaningful about my work experience or capabilities. I got the job.

With another London Council I was resposible to a lady (?) who made it very clear that in her view all men are potential rapists and that she was the particular object of their intentions. She also made it very clear that her view was that men wore ties as phallic symbols and that the ties pointed downwards for a reason. Simple -- do not wear ties and keep away from her as much as possible. But at the same Council I had a great deal to do with the Chief Executive. He was of the old school and anyone not in a suit with a tie was not approved of. So no suit and no tie when I was in my own workplace and suit and tie when I saw the CE. Believe me when I say that all this is only funny in retrospect!

Anonymous
Member - 28 posts

Diarmuid, that's the compay I work for. I didn't know the leaflet had been withdrawn though. It was 2nd February that my manager made the comment. I saw a poster in Birthdays who are looking for staff. It's 25-30 hours week but I'm ot applying for it. Image is so important these days. I think that's what my boss was getting at. If I do work in anywhere which involves meeting the public, my appearance isn't goig to create a good impression.

Anonymous
Member - 28 posts

Is there anything on these forums about the leaflet.

Anonymous
Member - 28 posts

I've found the thread in Opinion and have replied on it as well. Am looking for another job which doesn't involve meetings customers or members of public. Good news, my pastor is home this weekend so will be able to ask him what jobs I could do.

James Fairchild
Member - 210 posts

Colin,

When A&F opened their London store, there was an article in one of the free London evening papers where a law firm (one of the respected names, could have been Peninsular but I'm not sure) said that strictly speaking it does not contravene any legislation to choose people who are a good visual fit.

Of course, that was before the age discrimination legislation came out.

Anonymous, good luck with your jobsearch.

Colin England
Member - 55 posts

James

I am not now looking for a job - I am retired and reccommend that to everyone.

Kind regards to all

Colin

(sorry if I have broken any rules for this forum)